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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />SEPTEMBER 3, 2019 <br />TITLE: <br />PUBLIC HEARING — RECOVERY OF <br />COSTS AND EXPENDITURES IN AN <br />AMOUNT OF $76,948.60 INCURRED BY <br />THE CITY FOR WEED AND TRASH <br />ABATEMENT WITHIN RAILROAD <br />RIGHT- OF -WAYS IN THE CITY <br />(STRATEGIC PLAN NO. 5, 4E) <br />CI-ff MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 1� Reading <br />❑ Ordinance on 2ntl Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt a resolution affirming the acceptance of the Weed and Trash Abatement report and confirm <br />the Code Enforcement Division description for the recovery of the costs in an amount of <br />$76,948.60, associated with the execution of the Inspection and Abatement Warrants on railroad <br />right-of-way owned by the Union Pacific Company. <br />DISCUSSION <br />The City of Santa Ana operates a year-round program to maintain private properties free of weeds <br />and rubbish. Santa Ana Municipal Code (SAMC) Section 16-48 prohibits the presence of rubbish <br />and garbage, among other items accumulated upon or in front of the property which may be <br />dangerous or injurious to neighboring properties and negatively impact the health and welfare of <br />residents in the community. <br />In accordance with Santa Ana Municipal Code Section 16-49 and 16-50, when unsightly or unsafe <br />conditions are identified, City staff provides notice requiring abatement of such conditions within <br />seven (7) days by posting of a notice on the property. As permitted by SAMC Section 16-49(b), <br />a formal letter may also be mailed to provide similar notice that immediate action must be taken to <br />eliminate all weeds, rubbish and garbage from the private property. Ultimately, the property owner <br />is responsible for ensuring the general property maintenance of their property and compliance with <br />all provisions of the Santa Ana Municipal Code. If the property is not cleaned by the prescribed <br />date indicated in the notice(s), the City of Santa Ana may take additional action to perform the <br />abatement work through its own staff and/or contractors. <br />Accumulation of trash, debris and the general lack of property maintenance on railroad properties <br />have become increasingly noticeable and are negatively impacting the health and welfare of the <br />community and residents of the City. To abate the issues, the Code Enforcement Division properly <br />posted and advised the property owner, Union Pacific Railroad Company, to clean their premises <br />at the following locations: <br />75B-1 <br />